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Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300aa-32
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: General Authority sword icon

While the statute mentions “a regulation under this part,” it provides no instruction on what those regulations should be, only how they can be challenged. Therefore, the underlying statutory authorization that allows the agency to promulgate the regulations discussed in 42 U.S.C. § 300aa-32 would be considered a General Authority Delegation because it provides broad rulemaking authority without specifying particular regulatory tasks. The statute itself (42 U.S.C. § 300aa-32) is not a delegation of authority, rather it references a different delegation.

Relationship: related but neither directly mandated nor explicitly authorized
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42 U.S.C. § 300aa-32 discusses judicial review of regulations promulgated “under this part.” 45 CFR Part 147 is related to health insurance reform requirements, and while it may fall under the same general area of law as the statute governing judicial review, the statute does not explicitly mandate or authorize the specific content of the regulation. It addresses the process of challenging regulations, not their creation.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300ii-2
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary to award grants or cooperative agreements to establish a National Resource Center on Lifespan Respite Care. It also dictates the specific purposes of the center: maintaining a database, providing training and technical assistance, and providing information and referral services. Even though the term “may” is used, the duties listed create a specific regulatory task for the agency.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute authorizes the Secretary to award grants for a National Lifespan Respite Care Resource Center. The regulation, 45 CFR Part 147, broadly covers health insurance reform. While both relate to healthcare and are under the purview of the Department of Health and Human Services, the statute doesn’t directly mandate or explicitly authorize the specific health insurance regulations outlined in 45 CFR Part 147. The statute could inform aspects of health insurance if respite care became a covered benefit, but the regulation doesn’t flow directly or explicitly from this statute.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300gg-21
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute instructs the Secretary on a specific regulatory task: to prescribe the “form and manner” in which a plan sponsor makes an election to be excluded from certain requirements. While the terms “form and manner” are open-ended, they are used in the context of a specific regulatory task, thus falling under the Specific Authority Delegation.

Relationship: directly mandated
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42 U.S. Code § 300gg-21(a)(2)(A) states: “in such form and manner as the Secretary may by regulations prescribe”. The statute explicitly mandates the Secretary to prescribe regulations regarding the form and manner of an election made by the plan sponsor of a nonfederal governmental plan. This is a direct mandate.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300gg-23
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

While the statute addresses preemption and state flexibility, it does so concerning specific areas such as preexisting condition exclusions, enrollment periods and affiliation periods. It also defines “State law” for purposes of the section. Thus, it provides specific guidance on a particular regulatory task

Relationship: authorized but not mandated
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The statute authorizes regulation by specifying the extent to which state laws are preempted, but it does not directly mandate specific regulations. It grants flexibility within defined parameters.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300aa-15
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

42 U.S. Code § 300aa-15 provides a detailed framework of compensation and instructs the Secretary to determine things like “the average cost of a health insurance policy.” These are fairly specific instructions for implementing the compensation outlined in the statute, putting it in the Specific Authority Delegations category.

Relationship: authorized but not mandated
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The statute authorizes the Secretary of Health and Human Services to administer the National Vaccine Injury Compensation Program (VICP) and specifies the types and amounts of compensation to be awarded. While the statute sets forth detailed rules, it doesn’t mandate any specific regulations on how to implement the compensation scheme, falling into authorized but not mandated.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300d-1
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: General Authority sword icon

The statute, even while active, generally provided for establishing an advisory council and specifying its duties. It wasn’t instructing agencies on specific regulatory tasks concerning health insurance markets. However, the regulation cites various sections of 42 USC 300gg et seq which are under the umbrella of the Public Health Service Act, and give general authority to the agency regarding the health insurance markets.

Relationship: related but neither directly mandated nor explicitly authorized
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While 42 U.S.C. § 300d-1 itself is repealed, and therefore cannot directly mandate or authorize regulations, the subject matter of trauma care systems and advisory councils is related to the broader topic of health insurance reform and market regulations covered by 45 CFR Part 147. The link is indirect and arises from the general subject matter of healthcare.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300j-12
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: General Authority sword icon

42 U.S. Code § 300j-12(g)(3) provides the Administrator with broad authority to publish guidance and promulgate regulations as may be necessary to carry out the provisions of this section. This falls under the “General Authority” category as it provides rulemaking authority without identifying specific regulatory tasks.

Relationship: authorized but not mandated
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The statute authorizes the Administrator to publish guidance and promulgate regulations to carry out the provisions of the section, which relates to State revolving loan funds for drinking water. However, it doesn’t directly mandate any specific regulation; the Administrator has discretion.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300gg-9
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides a specific regulatory task: disclosure of information to small employers and individuals regarding their health insurance coverage. Although it uses the term “reasonable disclosure,” this falls under the umbrella of specific instructions using open-ended terms. The statute delineates what information needs to be disclosed (premium rates and factors, benefits, and premiums).

Relationship: directly mandated
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42 U.S.C. § 300gg-9 directly mandates the disclosure of specific information by health plan issuers to small employers and individuals. The regulation in 45 CFR Part 147 implements and expands upon these disclosure requirements and other aspects of health insurance reform.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300jj-35
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary to award grants to carry out demonstration projects, identifies eligibility requirements, specifies uses of funds, addresses financial support limitations, and requires evaluation and reporting. While the Secretary has some discretion in implementing these directives, the statute provides a clear framework and specific tasks. Even though the term “as the Secretary may require” is used regarding the application, this still falls under Specific Authority due to the overall specific nature of the grant program detailed in the statute.

Relationship: authorized but not mandated
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The statute, 42 U.S. Code § 300jj-35, authorizes the Secretary to award grants for demonstration projects. The word “may” signifies that this is an authorization, not a mandate. The Secretary is not required to create regulations, but is authorized to do so in order to properly administer the grant program.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300aa-33
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute 42 U.S.C. § 300aa-33 defines terms and references other sections such as 300aa-14 and 300aa-19, which could indirectly relate to the agency’s tasks. While the statute itself does not directly delegate rulemaking authority, it contributes to the overall framework in which regulations are created.

Relationship: related but neither directly mandated nor explicitly authorized
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While 42 U.S.C. § 300aa-33 defines terms related to the National Vaccine Injury Compensation Program, and 45 CFR Part 147 deals with health insurance reform, they are related in the broader context of healthcare. However, the statute does not directly mandate the regulation, nor does it explicitly authorize it. The statute primarily defines terms for vaccine injury compensation, while the regulation focuses on health insurance market reforms.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300gg-120
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides specific instructions to the agency, directing it to collect and report on very particular data points related to prescription drug costs and reimbursements. The statute dictates the “what, when, who and how” of the regulatory action.

Relationship: directly mandated
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The statute directly mandates the Secretary (of HHS, Labor, and Treasury) to collect specific information from group health plans and health insurance issuers and to then create and publish a report on prescription drug reimbursements and pricing trends based on this information. The statute also outlines the specific information that must be reported and the frequency of reporting, clearly mandating the agency’s actions.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300u-13
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides specific instructions to the Secretary of Health and Human Services (acting through the CDC Director) to award grants for implementing, evaluating, and disseminating evidence-based community preventive health activities. It also dictates eligibility criteria, use of funds, required evaluations, training programs, and even prohibitions. While the statute uses terms like “as appropriate,” it still outlines a very specific regulatory task, classifying it as a specific authority delegation.

Relationship: related but neither directly mandated nor explicitly authorized
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While the statute creates a grant program aimed at preventive health activities, and 45 CFR Part 147 deals with health insurance market reforms, there isn’t a direct mandate for the regulations stemming from this specific grant program, nor is there explicit authorization in the statute for those specific regulations. The statute broadly relates to healthcare, and the regulations relate to health insurance, thus they’re related but not directly mandated nor explicitly authorized by this statute.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300ff-136
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs state public health officers to perform a particular regulatory task: designating officials to receive notifications and responses on behalf of emergency response employees. It is therefore a specific, directed assignment. The inclusion of “preference” criteria does provide some flexibility, but that is still within a specific assignment.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute, 42 U.S.C. § 300ff-136, directs state public health officers to designate officials to receive notifications and responses on behalf of emergency response employees. While the regulations in 45 CFR Part 147 broadly address health insurance reform requirements, including items like state reporting, guaranteed availability of coverage, and internal claims processes, these regulations don’t directly implement or specifically address the designation of officials as outlined in the statute. The relationship is therefore related, as both concern healthcare related topics, but neither directly mandated nor explicitly authorized because the regulations don’t seem to specifically build upon or carry out this exact designation.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300d-3
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary to award grants to eligible entities for the purpose of carrying out research and demonstration projects aimed at improving emergency medical services and trauma care in rural areas. The statute outlines the types of projects to be supported and gives priority to certain entities. Although there is some discretion given to the Secretary regarding the form and manner of the application, the statute provides specific direction regarding the regulatory task.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute authorizes grants to improve trauma care in rural areas, which can be seen as broadly related to health insurance market reforms, but is not directly mandated or explicitly authorized by the health insurance reform regulations. The regulations focus on the structure and requirements for health insurance plans, while the statute focuses on improving emergency medical services and trauma care in rural areas.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300mm-32
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides a clear directive to the agency. It specifies who should receive followup monitoring and treatment (certified-eligible WTC survivors), what health conditions should be covered (a defined list of WTC-related health conditions), and how (by applying the provisions of sections 300mm-21 and 300mm-22). It”™s not a broad grant of authority; it’s focused on a specific group and problem. While the agency might have some discretion in the implementation details, the overall regulatory task is clearly defined.

Relationship: authorized but not mandated
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The statute outlines specific health conditions and eligibility criteria for WTC survivors, essentially instructing the agency on what to cover. The statute uses “shall apply”, but the actual application requires the agency to implement and manage the program, which is authorized but not directly mandated in every minute detail. It allows for agency discretion in how these provisions are carried out, aligning with ‘authorized but not mandated’.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300gg-132
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides clear direction to the Secretary regarding specific regulatory tasks. For instance, subsection (b)(2)(C) mandates the Secretary to specify “other specialty practitioners” through rulemaking to be included as providing ancillary services. Subsection (b)(3) directs the Secretary to establish and update a list of advanced diagnostic laboratory tests via rulemaking. Subsection (d)(1)(A) requires the Secretary to specify the written notice through guidance. These are not broad, open-ended delegations, but rather assignments to complete very specific tasks related to implementing the law.

Relationship: directly mandated
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The statute, specifically subsections (b)(2)(C), (b)(3), and (d)(1)(A), explicitly directs the Secretary to engage in rulemaking or issue guidance on specific aspects of balance billing, notice, and consent related to non-participating providers. The statute would be impossible to implement without the Secretary engaging in rulemaking and issuing guidance.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300hh-17
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary, acting through the HRSA Administrator, to provide guidance and technical assistance to health centers and to encourage their employees to participate in emergency medical response programs. This is a clear and specific task outlined by Congress, directing the agency to achieve a particular outcome.

Relationship: related but neither directly mandated nor explicitly authorized
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While 42 U.S.C. § 300hh-17 and 45 CFR Part 147 both concern healthcare, the statute focuses on emergency response coordination of primary care providers, while the regulation focuses on health insurance market reform requirements. There’s no direct mandate or explicit authorization for the regulation to stem from the statute, but the subject matter is related as they both deal with healthcare.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300j-19b
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically directs the Administrator to establish a grant program for lead reduction projects. It also identifies eligible entities, preconditions for receiving assistance, and priorities for grant allocation. This falls under Specific Authority because the statute clearly instructs the agency on a specific regulatory task.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute at 42 U.S.C. § 300j-19b concerns lead reduction in drinking water and establishes a grant program, while 45 CFR Part 147 primarily deals with health insurance reform requirements. While both relate to health and well-being, the link between the statute’s grant program for lead reduction and the regulation’s focus on health insurance market rules is indirect. The statute does not directly mandate or explicitly authorize the health insurance regulations in 45 CFR Part 147. They are related through the broader theme of public health but are neither directly mandated nor explicitly authorized by one another.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300ee-22
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

While the statute mandates a report, it also states that such report may include any recommendations of the Secretary for appropriate administrative and legislative initiatives. This is a specific instruction regarding a potential regulatory action (making recommendations).

Relationship: directly mandated
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The statute directly mandates the Secretary to prepare an annual report.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300gg-62
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute addresses preemption and application, specifically regarding state standards and requirements related to health insurance. While it doesn’t prescribe the exact rules, it instructs the agency on how to handle the interaction between federal and state regulations in this area. This guidance constitutes a specific regulatory task, fitting Hickman’s “Specific Authority” delegation.

Relationship: directly mandated
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42 U.S.C. 300gg-62 falls within the statutory authority listed for 45 CFR Part 147 (300gg through 300gg-63). This indicates the regulation is directly mandated by the statute.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300hh-10d
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute specifically directs the Secretary to establish an advisory committee with defined duties. These duties are clearly articulated (e.g., providing advice on activities related to 42 U.S.C. § 300hh-16, evaluating needs of individuals with disabilities in emergencies). While the Secretary has some discretion in appointing members, the statute mandates the creation of the committee and outlines its responsibilities. This level of specificity, even with terms like “appropriate,” qualifies as a specific authority delegation.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute mandates the establishment of an advisory committee focused on individuals with disabilities and disasters and assigns it specific duties like providing advice and consultation. However, it does not explicitly authorize or prohibit specific regulations related to health insurance markets addressed in 45 CFR Part 147. While the advisory committee’s work could inform policy decisions that might lead to regulations, the link isn’t direct enough to be considered mandated or explicitly authorized. The regulation is related to health insurance reform, and the statute concerns disability access in disaster preparedness, which has an indirect connection to healthcare.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300jj-33
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides the Secretary with the power to establish and administer a grant program. While offering broad discretion in the implementation, the statute provides a clear regulatory task: to create a grant program aimed at facilitating and expanding the use of electronic health information. The statute includes specific requirements for state plans and the use of funds, providing more than just a general directive. Though there are uses of terms like “as the Secretary may specify,” the statute clearly provides regulatory tasks.

Relationship: related but neither directly mandated nor explicitly authorized
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While the statute aims to promote health information technology and the regulation addresses health insurance market reforms, including transparency and essential health benefits, there isn’t a direct mandate or explicit authorization for the regulation to implement the specific grant program outlined in the statute. The statute focuses on grants to states to improve health IT, while the regulation focuses on health insurance market reforms and consumer protections. They are related to healthcare but don’t have a direct statute-regulation relationship.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300gg-15a
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides a specific instruction to the agency (Secretary) regarding the provision of additional information related to health plans and insurance issuers. It mandates compliance with the requirements outlined in section 18031(e)(3) of the title, and specifies how the information should be handled and made available. While the terms “information required” and “available to the public” can be considered open-ended, they still relate to a specifically defined regulatory task.

Relationship: directly mandated
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The statute directly mandates compliance with specific provisions regarding information submission and public availability, directing the Secretary to receive and make information available. The CFR cites this statute, indicating a direct relationship.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300jj-17
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides specific instructions to the National Coordinator, detailing responsibilities related to the development, updating, and certification of qualified electronic health record technology. It directs the Coordinator to ensure compliance with applicable standards adopted under other specific sections of the U.S. Code. Even with terms like “appropriate” and “necessary” implied in the requirement for the Secretary’s determination based on market needs, the statute gives a concrete regulatory task.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute relates to health information technology and the regulations pertain to health insurance reform. While both broadly fall under healthcare, the statute doesn’t directly mandate or explicitly authorize the specific regulations listed in 45 CFR Part 147. The statute focuses on electronic health records, while the regulation focuses on insurance market reforms.

Regulation: 45 CFR Part 147
Authorizing Statute: 42 U.S. Code § 300ee-24
Agency: Department of Health and Human Services
Restrictions: 473
Delegation Category: Specific Authority checkmark icon

The statute provides a specific directive to appropriate funds for a specific purpose (making allotments under section 300ee-11(a)). This falls under the definition of a Specific Authority Delegation because it clearly instructs an agency on a specific regulatory task or gap.

Relationship: directly mandated
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The statute (42 U.S. Code § 300ee-24) directly mandates the funding of allotments under section 300ee-11(a) of the same title. The statute states that there “are authorized to be appropriated” specific amounts for specific fiscal years “for the purpose of making allotments under section 300ee-11(a) of this title.” The regulation, 45 CFR Part 147, addresses health insurance reform requirements. While section 300ee-24 authorizes appropriations for allotments, and it is reasonable to assume that these allotments might be related to health services, the cited statutory language provides specific appropriations direction directly enabling the referenced allotments which, in turn, may implicate regulatory actions as dictated in part 147.

Found 56,371 results